§ 7577. — 7577. (Amended (as added by Stats. 2018, Ch. 876, Sec. 42) by Stats. 2019, Ch. 115, Sec. 85.)

California § 7577.

• Jurisdiction: California
• Code FAM: Family Code - FAM
• Div. 12.: DIVISION 12. PARENT AND CHILD RELATIONSHIP
• Part 2.: PART 2. PRESUMPTION CONCERNING CHILD OF MARRIAGE AND GENETIC TESTING TO DETERMINE PARENTAGE
• Ch. 3.: CHAPTER 3. Establishment of Parentage by Voluntary Declaration

Text

The following rules apply in an action to challenge a valid voluntary declaration of parentage brought by a person who is not a signatory to the declaration. This section does not apply to a voluntary declaration of parentage that is void under Section 7573.5.
(a)
A person has standing under this section if the person is an alleged genetic parent who is not a donor under Section 7613, is a presumed parent under Section 7611, or any person who has standing under Section 7630.
(b)
The petition challenging a voluntary declaration of parentage pursuant to this section shall be supported by a declaration under oath alleging specific facts to
support standing under this section.
(c)
If the court holds a hearing to determine standing, the hearing shall be held on an expedited basis. If the person challenging the voluntary declaration of parentage is an alleged genetic parent, genetic testing shall be ordered on an expedited basis.
(d)
The action shall be filed not later than two years after the effective date of the declaration. This limitations period does not apply if the voluntary declaration of parentage is void under Section 7573.5.
(e)
Notice shall be provided to the signatories of the declaration and to any person entitled to notice under Section 7635. A person who asserts a claim to parentage under this division shall be joined in the action.
(f)
With respect to whether the voluntary declaration of parentage should be set aside, the person petitioning to set aside the voluntary declaration of parentage shall have the burden of proof by a preponderance of the evidence.
(g)
The court may grant the petition to set aside the voluntary declaration of parentage only if the court finds that setting aside the voluntary declaration of parentage is in the best interest of the child, based on consideration of all of the following factors:
(1)
The age of the child.
(2)
The length of time since the effective date of the voluntary declaration of parentage.
(3)
The nature, duration, and quality of any relationship between the person who signed the voluntary declaration of parentage and the child, including the duration and frequency of any time periods during which the child and the person resided in the same household or enjoyed a parent and child relationship.
(4)
The request of the person who signed the voluntary declaration of parentage that the parent and child relationship continue.
(5)
If the person challenges a voluntary declaration of parentage signed pursuant to paragraph (1) of subdivision (a) of Section 7573, the court shall additionally consider all of the following:
(A)
Notice by the genetic parent of the child that the genetic parent does not
oppose preservation of the relationship between the person who signed the declaration of parentage and the child.
(B)
Whether any conduct of the person who signed the voluntary declaration has impaired the ability to ascertain the identity of, or obtain support from, the genetic parent.
(6)
Additional factors deemed by the court to be relevant to its determination of the best interest of the child.
(h)
If the voluntary declaration of parentage is challenged by a
person who is presumed to be a parent under subdivision (d) of Section 7611, the court’s ruling on the petition to set aside the voluntary declaration of parentage shall, in addition to the factors under subdivision (g), also take into account the nature, duration, and quality of the relationship between the petitioning party and the child and the benefit or detriment to the child of continuing that relationship.
(i)
If the court denies the petition to set aside the voluntary declaration of parentage, the court shall state on the record the basis for the denial of the action and any supporting facts.
(j)
(1)
If the court grants the petition to set aside the voluntary declaration of parentage, the court shall adjudicate parentage pursuant to
Section 7612.
(2)
An order for custody, visitation, or child support shall remain in effect until the court determines that the voluntary declaration of parentage should be set aside, subject to the court’s power to modify the orders as otherwise provided by law.
(k)
This section does not prejudice or bar the rights of a person who is not a signatory and has standing under subdivision (a) to file an action or motion to set aside the voluntary declaration of parentage on any of the grounds described in, and within the time limits specified in, Section 473 of the Code of Civil Procedure. If the action or motion to set aside a judgment is required to be filed within a specified time period under Section 473 of the Code of Civil Procedure, the period within which the action or motion to set
aside the voluntary declaration of parentage must be filed shall commence on the date that the court makes an initial order for custody, visitation, or child support based upon a voluntary declaration of parentage.
(l)
This section does not restrict a court from acting as a court of equity.
(m)
The Judicial Council shall develop the forms and procedures necessary to effectuate this section.

Legislative History

Amended (as added by Stats. 2018, Ch. 876, Sec. 42) by Stats. 2019, Ch. 115, Sec. 85. (AB 1817) Effective January 1, 2020.